Accredited Family Law & Divorce Specialists In Ellerslie
We know family law. Our Family Solicitors Ellerslie have represented numerous family law clients over the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having specific knowledge in divorce, child custody and property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you get the best possible outcome. If you are planning to engage the services of a few of the very best family solicitors Ellerslie has to offer, then look no further. When engaging among our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Ellerslie, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and indicates more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to handle the matter or otherwise where the parties to the proceedings have actually not been separated for more than 12 months.
An application can still be made while the parties are living under the exact same roof or if one has offered the other with some home services. It might be hard to establish that separation has actually taken place in these situations and accordingly the Court will need evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to reside in Ellerslie forever or otherwise be able to provide proof that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed for less than 2 years, the Court needs the parties to attend a counselling session with a view to reconciliation. There are exceptions to this requirement if there is a history of violence or abuse or where one party can not be located.
At a Divorce hearing, the Court will need to think about that proper plans have actually been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, and under the age of 18.
Once a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has been made.
As soon as a Divorce has worked, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Ellerslie
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are needed to go to, participate and make a genuine attempt in dealing with any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no arrangement can be reached, further negotiations can be organized with the support of lawyer, mediators and counsellors Ellerslie.
If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should concern the best interests of the child as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum extent consistent with the very best interest of the kid; and
safeguarding the children from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that children receive adequate and correct parenting to assist them accomplish their full potential; and
making sure that moms and dads satisfy their duties, and satisfy their obligations, concerning the care, welfare and advancement of their children.
There are other factors that the Court might consider in any particular situations.
Why Choose Our Domestic Violence Lawyers Ellerslie VIC
We are passionate regarding offering a specialized domestic violence lawyer Ellerslie service that welcomes you, understands you and shows you empathy in hard times. Learn why you can be guaranteed of our dedication to your legal needs.